People v. Nicholas

OPINION OF THE COURT

James C. Harberson, Jr., J.

Issue

CPL 160.55 (1) provides for an automatic notification by the Court Clerk to various agencies that, based upon a conviction of a violation reduced from the original criminal charge, all records should be disposed of and sealed as provided by statute “unless the district attorney upon motion with not less than five days notice ... or the court on its own motion with not less than five days notice . . . determines that the interests of justice require otherwise,” so the defendant may be heard on the issue.

The defense argues that because the…